Legal Question in Family Law in New Mexico

Re: Withholding Property from a Divorce Decree

Let me try and tell you what a lawyer would like to hear early on and then I'll try to give you some sense of direction. First, let me tell you that I believe this may be resolved more easily than you might think and I suspect you could do it on your own. However, you do not say when you got divorced and you do not say if the divorce was stipulated (agreed) or if a judge ordered ~ particularly, the division of the animals.

If your divorce was more than 90 days ago you'll have to pay a filing fee (about $150 - $175) to reopen the case. However, with the filing of a motion to revisit the division (or perhaps the care and maintenance) of the animals due to the neglect or abuse by former husband you probably won't have any more costs (except maybe some copying fees and that sort of thing). You could file your motion and ask for a hearing and tell the judge what you have written here. Let the judge make a decision and you'll either win or lose. Perhaps if you asked the judge to let you have the maintenance and care of the animals, let ownership still reside with former hubby, and he could come and get the dogs from time to time that might be an easy decision for the judge to make. Your EX would have to have some pre-set visit or he'd have to call with at least 48 hrs notice to you but that way the dogs could be with you for the largest part of the time.

If a judge ordered the division of the animals instead of you and EX having agreed on your own you might have a more difficult time making the argument but, overall, I tend to agree with your that because of whatever he is or is not doing, the dogs are suffering. So, even if you go in from a point of view of "not blaming" him but hold the position that you have the humane care of the animals in mind ~ you might have a chance.

Overall, you have plenty of good lawyers in your neck of the woods. Even if you have to head north a little bit to 'alienville' you'll be able to at least talk to an attorney who can give you some specific direction.

Hope this helps and Good Luck.